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HERRERA v. CITY WIDE SCRAP METAL CO.

33 Misc.2d 108 (1962)

Tulio S. Herrera, Plaintiff, v. City Wide Scrap Metal Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

January 29, 1962

Attorney(s) appearing for the Case

Charles G. Tierney (Raymond C. Green of counsel), for City Wide Scrap Metal Co., defendant. Arthur Bernknopf for plaintiff.

VINCENT A. LUPIANO, J.

Defendant City Wide Scrap Metal Co., Inc., moves for an order pursuant to rule 103 of the Rules of Civil Practice striking out paragraph Tenth of the complaint and thereupon for dismissal of the complaint pursuant to subdivisions 1 and 4 of rule 106. Defendant moves in the alternative for an order dismissing the complaint pursuant to subdivision 1 of rule 107.

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